Austin attorney Adam Loewy has filed a federal civil rights wrongful death lawsuit on behalf of the parents of Larry Jackson, Jr.
"In my professional opinion this is by far the worst police shooting this city has ever seen," said Loewy, who has handled a number of high profile officer-involved shooting cases.
"This was not accidental. This was an intentional act. This officer pulled out his gun, put his finger on the trigger and pulled the trigger with that gun to the back of Larry Jackson Jr.'s head," Loewy told the media Wednesday.
On July 26, APD robbery detective Charles Kleinert initiated a foot chase after Jackson who police say was acting suspiciously around a bank that had been robbed earlier in the day. Kleinert reportedly confronted Jackson after he tried to enter the bank. The lawsuit claims that Kleinert racially profiled Jackson after he had done nothing wrong.
"He was on 35th Street in a predominantly white part of town," said Loewy. "He looked suspicious to him as an African American and from the beginning it was confrontational."
Loewy believes Jackson ran off because he was scared and that Kleinert had no reason to go after him.
"He commandeered a civilian car. We have spoken to that eye witness. That eye witness was telling this officer to, 'Calm down. Relax. What is the problem?'"
Kleinert says there was a struggle and that he accidentally fired one shot that struck and killed Jackson. According to the lawsuit, Jackson's family disagrees with police that the shooting was accidental.
"This was in layman's terms a murder. Whether it was first degree or second degree is something the district attorney's office needs to figure out." In Loewy's opinion, Kleinert should be fired from the Austin Police Department.
"If Chief Acevedo does not terminate this officer, it will be the beginning of the end of the Acevedo era in Austin, TX. You cannot have someone on the force that committed a criminal act like this."
Neither the City of Austin nor Austin Police would comment on the lawsuit.
Charles Kleinert's Attorney, Robert Icenhauer-Ramirez sent FOX 7 the following statement:
"This plaintiffs' lawyer has been known to make outlandish claims that cannot be substantiated in court. He makes a lot of baseless allegations in this case. The lawsuit is full of outright lies. Making allegations and providing proof are two different things."